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Exclusive / Democrat’s bill would let people sue ICE over misconduct

Burgess Everett
Burgess Everett
Congressional Bureau Chief
Jan 29, 2026, 4:58am EST
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Jeff Merkley
Kylie Cooper/Reuters

Oregon Democratic Sen. Jeff Merkley wants to allow people to sue over immigration enforcement officers’ infringement of their constitutional rights, according to a copy of his new bill shared with Semafor.

The bill would allow people who are deprived of “rights, privileges, or immunities” by Immigration and Customs Enforcement or Customs and Border Protection to sue the federal government, with the funds paid out of last year’s tax cuts law, which included billions for immigration enforcement.

It’ll be a nonstarter for the Republicans, but will demonstrates the scale of change Democrats now believe is needed.

“ICE and CBP must face consequences if their agents wrongfully violate citizens’ rights to protest and free speech, search people’s homes without a warrant, or deny due process,” Merkley said.

Rep. Andrea Salinas, D-Ore., is leading the House version and said it “deters illegal enforcement practices and prevents ICE and CBP from operating with impunity.”

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